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USCIS Issues Guidance Regarding Family-Based Immigration Policy

#1
08-05-2025, 10:11 PM
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More ICE/USCIS deportation efforts. According to the USCIS website, if a US citizen or lawful permanent resident files a stand alone I-130 family petition for a currently undocumented spouse, parent, sibling or child that person could be (and likely will be) placed in removal proceedings if they are not immediately eligible for permanent residence. If the relative you are applying for (which is allowed under our immigration laws), is undocumented and you start a legal process for them by filing an I-130, that person could be scheduled for a biometrics appointment for the purpose of placing them in removal proceedings and in some cases, detaining them. Please seek the advise of a competent immigration attorney before filing any paperwork with USCIS.
https://www.uscis.gov/newsroom/alert...gration-policy

https://www.facebook.com/leonor.perretta
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#2
08-05-2025, 10:56 PM
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So a visa-overstay can't marry USC and get a greencard?

Holy moly.
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#3
08-06-2025, 08:33 PM
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Originally Posted by Got_Daca View Post
So a visa-overstay can't marry USC and get a greencard?

Holy moly.
Nevermind, that's an actual quote from USCIS...I'm cooked.
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#4
08-06-2025, 08:44 PM
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This is from Redditt and a good summary:

Quote:
It has always been true that an approved or pending I-130 does not in and of itself provide an immigration benefit. However, historically, USCIS has not used I-130 filings to find removable aliens to deport. The change is that they now will.

Who is not affected by this change:

Anyone who is filing or has filed an I-130 where the beneficiary is outside the United States.

Anyone who is filing or has filed an I-130 where the beneficiary remains in status.

Anyone who is filing an I-130 and an I-485 simultaneously.

Anyone who has already filed an I-130 and an I-485 (even if not concurrently).

Anyone who is filing or has filed an I-130 where the beneficiary has some sort of formal protection from deportation (e.g. DACA, TPS, Military Deferred Action or Parole In Place)

Anyone who is filing or has filed an I-130 where the beneficiary is already in removal proceedings. (they can't NTA you twice)

Anyone who is filing or has filed an I-130 where the beneficiary is in the United States and does not fall into the above categories should be concerned. This would include people such as:

Beneficiaries who intend to seek an I-601A waiver to ultimately depart for consular processing.

Beneficiaries who are waiting for the petitioner to naturalize before filing I-485 (e.g. out-of-status spouses of LPRs)

Beneficiaries who are eligible to concurrently file I-485 but are not for some reason (We occasionally get posts from people on here who say they can't afford both forms at the same time. That's much more risky now)

Beneficiaries who are grandfathered aliens eventually able to adjust through 245(i) but need their petition to become current before they can file I-485.

Beneficiaries who have final orders of removal. While not explicitly stated, if USCIS is using I-130s to find aliens they can serve with NTAs, I don't see why they wouldn't use I-130s to find aliens already ordered deported.

Remember, when you file an I-130 for a beneficiary in the United States you are effectively raising your hand and telling the government who this person is, where they are, and that their immigration history is worth looking at. If they are removable that just got more risky. Petitioners probably should not file I-130s for people in the categories above without legal advice.
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#5
08-06-2025, 08:54 PM
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Wait...after triple checking it, that's not the exact quote from USCIS (notice they misspelled Advice )...that's that lawfirm trying to scare people even more than they are.

Quote:
Beneficiaries who are grandfathered aliens eventually able to adjust through 245(i) but need their petition to become current before they can file I-485.

Beneficiaries who have final orders of removal. While not explicitly stated, if USCIS is using I-130s to find aliens they can serve with NTAs, I don't see why they wouldn't use I-130s to find aliens already ordered deported.

Remember, when you file an I-130 for a beneficiary in the United States you are effectively raising your hand and telling the government who this person is, where they are, and that their immigration history is worth looking at. If they are removable that just got more risky. Petitioners probably should not file I-130s for people in the categories above without legal advice.
That bit however is extremely concerning for me....I had one filed for me and we got notification that a visa number is available. Which means I'm officially on their radar AND I'm kind of damned if I go forward and damned if I don't.
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#6
08-08-2025, 03:14 PM
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so those who got illegal family members are fked?
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#7
08-08-2025, 04:56 PM
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Quote:
Originally Posted by beingoflight View Post
so those who got illegal family members are fked?
Yes if you file I-130 by itself and do not have legal status.
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#8
08-08-2025, 08:20 PM
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Quote:
Originally Posted by beingoflight View Post
so those who got illegal family members are fked?
It's difficult for MAGAs to read.
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#9
08-09-2025, 09:12 AM
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How far back would they go? Is it for people filing new I-130s after 8-1-2025, those who filed I-130s that haven't been approved yet, or even those who have an I-130 with a visa number already that hasn't been claimed?
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